To amend the Immigration and Nationality Act to improve immigration enforcement and anti-smuggling activities, to reform the asylum law, and to authorize appropriations for the Immigration and Naturalization Service.

IN THE HOUSE OF REPRESENTATIVES

October 26, 1993

Mr. MAZZOLI (for himself, Mr. SCHUMER, and Mr. MCCOLLUM) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to improve immigration enforcement and anti-smuggling activities, to reform the asylum law, and to authorize appropriations for the Immigration and Naturalization Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENTS MADE BY ACT; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the ‘Immigration Enforcement and Asylum Reform Act of 1993’.

(b) AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT- Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act.

(c) TABLE OF CONTENTS- The table of contents of this Act is as follows:

TITLE I--SMUGGLING AND FRAUD

SEC. 101. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

‘(1) An immigration officer shall inspect each alien who is seeking entry to the United States.

‘(2)(A) If the examining immigration officer determines that an alien seeking entry--

‘(i) does not present the documentation required (if any) to obtain legal entry to the United States; and

‘(ii) does not indicate either an intention to apply for provisional asylum (under section 208) or a fear of persecution,

the officer shall order the alien excluded from the United States without further hearing or review.

‘(B) The examining immigration officer shall refer for immediate inspection at the port of entry by an asylum officer under subparagraph (C) any alien who (i) does not present the documentation required (if any) to obtain legal entry to the United States, and (ii) has indicated an intention to apply for provisional asylum or a fear of persecution.

‘(C)(i) If an asylum officer determines that an alien has a credible fear of persecution, the alien shall be entitled to apply for provisional asylum under section 208.

‘(ii)(I) Subject to subclause (II), if an asylum officer determines that an alien does not have a credible fear of persecution the officer shall order the alien excluded from the United States without further hearing or review.

‘(II) The Attorney General shall promulgate regulations to provide for the immediate review by another asylum officer at the port of entry of a decision under subclause (I).

‘(iii) For the purposes of this subparagraph, the term ‘credible fear of persecution’ means (I) that it is more probable than not that the statements made by the alien in support of his or her claim are true, and (II) that there is a significant possibility, in light of such statements and of such other facts as are known to the officer that the alien could establish eligibility for provisional asylum under section 208.

‘(iv) Notwithstanding any other provision of law, no court shall have jurisdiction to review, except by petition for habeas corpus, any determination made with respect to an alien found excludable pursuant to this paragraph. In any such case, review by habeas corpus shall be limited to examination of whether the petitioner (I) is an alien, and (II) was ordered excluded from the United States pursuant to this paragraph.

‘(3)(A) Except as provided in subparagraph (B), if the examining immigration officer determines that an alien seeking entry is not clearly and beyond a doubt entitled to enter, the alien shall be detained for a hearing before a special inquiry officer.

‘(B) The provisions of subparagraph (A) shall not apply--

‘(i) to an alien crewman,

‘(ii) to an alien described in paragraph (2)(A) or 2(C)(ii)(I), or

‘(iii) if the conditions described in section 273(d) exist.

‘(4) The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien, whose privilege to enter is so challenged, before a special inquiry officer for a hearing on exclusion of the alien.

‘(5)(A) Subject to subparagraph (B), an alien has not entered the United States for purposes of this Act unless and until such alien has been inspected and admitted by an immigration officer pursuant to this subsection.

‘(B) An alien who (i) is physically present in the United States, (ii) has been physically present in the United States for a continuous period of one year, and (iii) has not been inspected and admitted by an immigration officer shall be deemed to have entered the United States without inspection.’.

SEC. 102. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

(2) by striking the comma at the end of subparagraph (D) and inserting ‘; or’,

(3) by inserting after subparagraph (D) the following:

‘(E) contracts or agrees with another party for that party to provide, for employment by the person or another, an alien who is not authorized to be employed in the United States, knowing that such party intends to cause such alien to be brought into the United States in violation of the laws of the United States,’, and

(4) by striking ‘shall be fined’ and all that follows and inserting the following: ‘shall, for each alien in respect to whom any violation of this paragraph occurs, be fined in accordance with title 18, United States Code, imprisoned not more than 5 years (or 10 years in the case of a violation of subparagraph (A) or (E)), or 20 years if during and in relation to the violation the person causes serious bodily injury (as defined in section 1365 of title 18, United States Code) to, or places in jeopardy the life of, any alien, or for any term of years up to life if during and in relation to the violation the person causes the death of any alien, or both.’.

(b) TREATMENT OF SMUGGLING AS AN AGGRAVATED FELONY- The first sentence of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by inserting ‘or any offense under section 274(a)’ before ‘for which the term of imprisonment’.

(a) IN GENERAL- Paragraph (1) of section 274(b) of the Immigration and Nationality Act (8 U.S.C. 1324(b)) is amended to read as follows:

‘(1)(A) Except as provided in subparagraph (B), the following property shall be subject to seizure and forfeiture:

‘(i) Any conveyance, including any vessel, vehicle, or aircraft, which has been or is being used in the commission of a violation of subsection (a).

‘(ii) Any property, real or personal, which--

‘(I) constitutes, or is derived from or traceable to, the proceeds obtained directly or indirectly from the commission of a violation of subsection (a), or

‘(II) is used to facilitate, or is intended to be so used in the commission of, a violation of subsection (a)(1)(A).

‘(B)(i) No property used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under this section, unless the owner or other person with lawful custody of the property was a consenting party to or privy to the violation of subsection (a) or of section 274A(a)(1) or 274A(a)(2).

‘(ii) No property shall be forfeited under the provisions of this section by reason of any act or omission established by the owner to have been committed or omitted by a person other than the owner while the property was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any State.

‘(iii) No property shall be forfeited under the provisions of this section to the extent of an interest of the owner, by reason of any act or omission established by the owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner, unless the act or omission was committed or omitted by an employee or agent of the owner or other person with lawful custody of the property with the intent of furthering the business interests of, or to confer any other benefit upon, the owner or other person with lawful custody of the property.’.

(A) by striking ‘conveyance’ and inserting ‘property’ each place it appears, and

(B) by striking ‘is being used in’ and inserting ‘is being used in, is facilitating, has facilitated, is facilitating or was intended to facilitate’; and

(2) in paragraphs (4) and (5), by striking ‘a conveyance’, ‘any conveyance’, and ‘conveyance’ and inserting ‘property’ each place it appears.

SEC. 104. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

Section 2516(1) of title 18, United State Code, is amended--

(1) in paragraph (c) by inserting after ‘weapons),’ the following: ‘or a felony violation of section 1028 (relating to production of false identification documentation), section 1542 (relating to false statements in passport applications), section 1546 (relating to fraud and misuse of visas, permits, and other documents),’;

(2) by striking out ‘or’ after paragraph (l) and redesignating paragraphs (m), (n), and (o) as paragraphs (n), (o), and (p), respectively; and

(3) by inserting after paragraph (l) the following new paragraph:

‘(m) a violation of section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to alien smuggling), of section 277 of the Immigration and Nationality Act (8 U.S.C. 1327) (relating to the smuggling of aliens convicted of aggravated felonies or of aliens subject to exclusion on grounds of national security), or of section 278 of the Immigration and Nationality Act (8 U.S.C. 1328) (relating to smuggling of aliens for the purpose of prostitution or other immoral purpose);’.

SEC. 105. INCLUDING ALIEN SMUGGLING AS A RACKETEERING ACTIVITY FOR PURPOSES OF RACKETEERING INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ENFORCEMENT AUTHORITY.

Section 1961(1) of title 18, United States Code, is amended--

(1) by striking ‘or’ before ‘(E) any act’, and

(2) by inserting before the period at the end the following: , or (F) any act which is indictable under section 274(a)(1) of the Immigration and Nationality Act (relating to alien smuggling)’.

SEC. 106. EFFECTIVE DATES.

(a) IN GENERAL- Except as otherwise provided, the amendments made by this title shall take effect on the date of the enactment of this Act and shall apply to aliens who arrive in or seek admission to the United States on or after such date.

(b) SMUGGLING- The amendment made by section 102(b) shall apply to offenses for which convictions are entered before, on, or after the date of the enactment of this Act.

(c) INTERIM REFERENCE TO PROVISIONAL ASYLUM- Any reference in section 235(b)(2) of the Immigration and Nationality Act (as amended by section 101(a) of this Act) to provisional asylum under section 208 of the Immigration and Nationality Act shall be deemed, before the effective date of the amendment made by section 201(a), to be a reference to asylum under section 208 of such Act.

TITLE II--ASYLUM

SEC. 201. ASYLUM.

‘ASYLUM

‘SEC. 208. (a) PROVISIONAL ASYLUM-

‘(1) RIGHT TO APPLY- An alien physically present in the United States or at a land border or port of entry, irrespective of such alien’s status, may apply for provisional asylum in accordance with this section.

‘(2) CONDITIONS FOR GRANTING-

‘(A) MANDATORY CASES- The Attorney General shall grant provisional asylum to an alien if the alien applies for provisional asylum in accordance with the requirements of this section and establishes that it is more likely than not that in the alien’s country of nationality (or, in the case of a person having no nationality, the country in which such alien last habitually resided) such alien’s life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion.

‘(B) DISCRETIONARY CASES- The Attorney General may grant provisional asylum to an alien if the alien applies for provisional asylum in accordance with the requirements of this section and establishes that the alien is a refugee within the meaning of section 101(a)(42).

‘(C) EXCEPTIONS- (i) Subparagraphs (A) and (B) shall not apply to an alien if the Attorney General determines that--

‘(I) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;

‘(II) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States;

‘(III) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States;

‘(IV) there are reasonable grounds for regarding the alien as a danger to the security of the United States; or

‘(V) a country willing to accept the alien has been identified (other than the country described in subparagraph (A)) to which the alien can be deported or returned and the alien does not establish that it is more likely than not that the alien’s life or freedom would be threatened in such country on account of race, religion, nationality, membership in a particular social group, or political opinion.

‘(ii)(I) For purposes of clause (i)(II), an alien who has been convicted of an aggravated felony shall be considered to have committed a particularly serious crime.

‘(II) The Attorney General shall promulgate regulations that specify additional crimes that will be considered to be a crime described in clause (i)(II) or (i)(III).

‘(III) The Attorney General shall promulgate regulations establishing such additional limitations and conditions as the Attorney General considers appropriate under which an alien shall be ineligible to apply for provisional asylum under subparagraph (B).

‘(3) PROVISIONAL ASYLUM STATUS- In the case of any alien granted provisional asylum under paragraph (2), the Attorney General, in accordance with this section--

‘(A) shall not deport or return the alien to the country described under paragraph (2)(A);

‘(B) shall authorize the alien to engage in employment in the United States and provide the alien with an ‘employment authorized’ endorsement or other appropriate work permit; and

‘(C) may allow the alien to travel abroad with the prior consent of the Attorney General.

‘(4) TERMINATION- Provisional asylum granted under paragraph (2) may be terminated if the Attorney General, pursuant to such regulations as the Attorney General may prescribe, determines that--

‘(A) the alien no longer meets the conditions described in paragraph (2) owing to a change in circumstances in the alien’s country of nationality or, in the case of an alien having no nationality, in the country in which the alien last habitually resided;

‘(B) the alien meets a condition described in paragraph (2)(C); or

‘(C) a country willing to accept the alien has been identified (other than the country described in paragraph (2)) to which the alien can be deported or returned and the alien cannot establish that it is more likely than not that the alien’s life or freedom would be threatened in such country on account of race, religion, nationality, membership in a particular social group, or political opinion.

‘(5) ACCEPTANCE BY ANOTHER COUNTRY- In the case of an alien described in paragraph (2)(C)(i)(V) or paragraph (4)(C), the alien’s deportation or return shall be directed by the Attorney General in the sole discretion of the Attorney General, to any country which is willing to accept the alien into its territory (other than the country described in paragraph (2)).’.

‘(b) PROVISIONAL ASYLUM PROCEDURE-

‘(1) APPLICATIONS-

‘(A) IN GENERAL-

‘(i) DEADLINE- Subject to clause (ii), an alien’s application for provisional asylum shall not be considered under this section unless--

‘(I) the alien has filed, not later than 30 days after entering or coming to the United States, notice of intention to file such an application, and

‘(II) such application is actually filed not later than 60 days after entering or coming to the United States.

‘(ii) EXCEPTION- An application for provisional asylum may be considered, notwithstanding that the requirements of clause (i) have not been met, only if the alien demonstrates by clear and convincing evidence changed circumstances in the alien’s country of nationality (or in the case of an alien with no nationality, in the country where the alien last habitually resided) affecting eligibility for provisional asylum.

‘(B) REQUIREMENTS- An application for provisional asylum shall not be considered unless the alien submits to the taking of fingerprints and a photograph in a manner determined by the Attorney General.

‘(C) FEES- In the discretion of the Attorney General, the Attorney General may impose reasonable fees for the consideration of an application for provisional asylum, for employment authorization under this section, and for adjustment of status under section 209(b). The Attorney General is authorized to provide for the assessment and payment of any such fee over a period of time or by installments.

‘(D) NOTICE OF PRIVILEGE OF COUNSEL AND CONSEQUENCES OF FRIVOLOUS APPLICATION-

‘(i) NOTICE- At the time of filing a notice of intention to apply for provisional asylum, the alien shall be advised of the privilege of being represented by counsel (as provided under paragraph (2)(D)) and of the consequences, under subsection (d), of filing a frivolous application for provisional asylum.

‘(ii) PROVISION OF LIST OF COUNSEL- The Attorney General shall provide for lists (updated not less often than quarterly) of persons who have indicated their availability to represent pro bono aliens in provisional asylum proceedings. Such lists shall be provided to the alien at the time of filing of notice of intention to apply for provisional asylum, and otherwise be made generally available.

‘(E) An applicant for provisional asylum is not entitled to engage in employment in the United States. The Attorney General may authorize an alien who has filed an application for provisional asylum to engage in employment in the United States, in the discretion of the Attorney General.

‘(2) CONSIDERATION OF APPLICATIONS; HEARINGS-

‘(A) ASYLUM OFFICERS- Applications for provisional asylum shall be considered by officers of the Service (referred to in this Act as ‘asylum officers’) who are specially designated by the Service as having special training and knowledge of international conditions and human rights records of foreign countries. Pending the designation of such officers, individuals who as of the date of the enactment of the Immigration Enforcement and Asylum Reform Act of 1993 are authorized to perform duties as asylum officers shall be deemed to be qualified to be asylum officers for purposes of this Act.

‘(B) SCHEDULING OF HEARINGS-

‘(i) IN GENERAL- Upon the filing of an application for provisional asylum, an asylum officer, at the earliest practicable time and after consultation with the attorney for the Government and the attorney (if any) for the applicant, shall set the application for hearing on a day certain or list it on a weekly or other short-term calendar, so as to assure a speedy hearing.

‘(ii) DEADLINE- Unless the applicant (or an attorney for the applicant) consents in writing to the contrary, the hearing on the provisional asylum application shall commence not later than 45 days after the date the application was filed.

‘(C) PUBLIC HEARINGS- A hearing on a provisional asylum application shall be open to the public unless the applicant requests that it be closed to the public.

‘(D) PRIVILEGE OF COUNSEL- The alien shall have the privilege of being represented by such counsel (at no expense to the government), authorized to practice in such proceedings, as the alien shall choose. Such representation may not cause undue delay in the proceedings. The Attorney General, in the discretion of the Attorney General, shall provide standards by regulation for determinations of undue delay.

‘(E) RIGHTS IN HEARINGS- The officer shall conduct the hearing in a nonadversarial manner. During such hearing, the applicant shall have the privilege of the assistance and participation of counsel and shall be entitled to present evidence and witnesses, to examine and object to evidence presented by the Government, and to cross-examine all witnesses presented by the Government.

‘(F) COUNTRY CONDITIONS-

‘(i) The Secretary of State shall provide information regarding country conditions to the Attorney General to be included, along with information from other reliable sources, in the collections of the asylum resource information center of the Immigration and Naturalization Service.

‘(ii) An officer may request information regarding country conditions from the asylum resource information center of the Immigration and Naturalization Service and from the Secretary of State, but may not request or consider recommendations from the Secretary of State as to whether a particular named individual should or should not be granted provisional asylum.

‘(G) TRANSCRIPT OF HEARINGS- A complete record of the proceedings and of all testimony and evidence produced at the hearing shall be kept. The hearing shall be recorded verbatim. The Attorney General and the Service shall provide that a transcript of a hearing held under this section is made available not later than 10 days after the date of completion of the hearing.

‘(H) DEADLINE FOR DETERMINATIONS ON APPLICATIONS- The officer shall render a determination on the application not later than 30 days after the date of completion of the hearing. The determination of the officer shall be based only on the evidence produced at the hearing or on information which is the subject of official notice with respect to country conditions.

‘(I) RESOURCE ALLOCATION- The Attorney General shall allocate sufficient resources so as to assure that applications for provisional asylum are heard and determined on a timely basis. However, nothing in this paragraph relating to scheduling or deadlines shall be construed as creating any right or benefit, substantive or procedural, which is legally enforceable by any party against the United States, its agencies, its officers, or any other person.

‘(J) SANCTIONS FOR FAILURE TO APPEAR-

‘(i) Subject to clause (ii), the application for provisional asylum of an alien who does not appear for a hearing on such application shall be summarily dismissed unless the alien can show exceptional circumstances (as defined in section 242B(f)(2)) as determined by the asylum officer.

‘(ii) Clause (i) shall not apply if written and oral notice were not provided as required by section 242B(e)(4)(B).

‘(K) FINALITY OF DETERMINATIONS-

‘(i) IN GENERAL- The decision of the asylum officer shall be the final administrative determination of a claim for provisional asylum.

‘(ii) TREATMENT OF CASES IN EXCLUSION OR DEPORTATION- If proceedings are instituted against an alien under section 235 or 242 of this Act and the alien files an application for provisional asylum based on circumstances described in subsection (b)(1)(A)(ii), the asylum officer shall render, on an expedited basis, a decision on the application.

‘(c) ASYLUM-

‘(1) ADJUSTMENT OF STATUS- Under such regulations as the Attorney General may prescribe, the Attorney General shall adjust to the status of an alien granted asylum the status of any alien granted provisional asylum under subsection (a)(2)(A) or (a)(2)(B) who--

‘(A) applies for such adjustment;

‘(B) has been physically present in the United States for at least 1 year after being granted provisional asylum;

‘(C) continues to be eligible for provisional asylum under this section; and

‘(D) is admissible under this Act at the time of examination for adjustment of status under this subsection.

‘(2) TREATMENT OF SPOUSE AND CHILDREN- A spouse or child (as defined in section 101(b) (A), (B), (C), (D), or (E)) of an alien whose status is adjusted to that of an alien granted asylum under paragraph (a)(2) may be granted the same status as the alien if accompanying, or following to join, such alien.

‘(3) APPLICATION FEES- The Attorney General may impose a reasonable fee for the filing of an application for asylum under this subsection.

‘(d) DENIAL OF IMMIGRATION BENEFITS FOR FRIVOLOUS APPLICATIONS-

‘(1) IN GENERAL- If the asylum officer determines that an alien has made a frivolous application for provisional asylum under this section and the alien has received the notice under subsection (b)(1)(D)(i), the alien shall be permanently ineligible for any benefits under this Act, effective as of the date of a final determination on such application.

‘(2) TREATMENT OF MATERIAL MISREPRESENTATIONS- For purposes of this subsection, an application considered to be ‘frivolous’ includes, but is not limited to, an application which contains a willful misrepresentation or concealment of a material fact.’.

(b) CLERICAL AMENDMENT- The item in the table of contents relating to section 208 is amended to read as follows:

(1) in the heading, by striking ‘ASYLUM’ and inserting ‘PROVISIONAL ASYLUM’;

(2) by striking ‘asylum’ each place it appears and inserting ‘provisional asylum’; and

(3) in subparagraph (A), by striking all after clause (iii) and inserting ‘shall not be eligible for any benefits under this Act.’.

(b) JUDICIAL REVIEW- Section 106 (8 U.S.C. 1105a) is amended by adding at the end the following subsection:

‘(d) The procedure prescribed by, and all the provisions of chapter 158 of title 28, United States Code, shall apply to, and shall be the sole and exclusive procedure for, the judicial review of all final orders granting or denying provisional asylum, except that--

‘(1) a petition for review may be filed not later than 90 days after the date of the issuance of the final order granting or denying provisional asylum;

‘(2) the venue of any petition for review under this subsection shall be in the judicial circuit in which the administrative proceedings before an asylum officer were conducted in whole or in part, or in the judicial circuit wherein is the residence, as defined in this Act, of the petitioner, but not in more than one circuit; and

‘(3) notwithstanding any other provision of law, a determination granting or denying provisional asylum based on changed circumstances pursuant to section 208(b)(1)(A)(ii) shall be in the sole discretion of the asylum officer.’.

(e) FAMILY UNITY- Section 301(e) of the Immigration Act of 1990 (P.L. 101-649) is amended by striking ‘section 243(h)(2)’ and inserting ‘clauses (i), (ii), (iii), or (iv) of section 208(a)(2)(B).’.

SEC. 204. EFFECTIVE DATES.

(a) IN GENERAL- Except as otherwise provided, the amendments made by this title shall take effect on the date of the enactment of this Act.

(b) EXCEPTIONS-

(1) The amendments made by this title shall not apply to applications for asylum or withholding of deportation made before the first day of the first month that begins more than 180 days after the date of the enactment of this Act and no application for provisional asylum under section 208 of the Immigration and Nationality Act (as amended by section 201 of this Act) shall be considered before such first day.

(2) In applying section 208(b)(1)(A) of the Immigration and Nationality Act (as amended by this title) in the case of an alien who has entered or came to the United States before the first day described in paragraph (1), notwithstanding the deadlines specified in such section--

(A) the deadline for the filing of a notice of intention to file an application for provisional asylum is 30 days after such first day, and

(B) the deadline for the filing of the application for provisional asylum is 30 days after the date of filing such notice.

(3) The amendments made by section 203(b) (relating to adjustment of status) shall not apply to aliens granted asylum under section 208 of the Immigration and Nationality Act, as in effect before the date of the enactment of this Act.

TITLE III--INSPECTIONS

SEC. 301. PREINSPECTION AT FOREIGN AIRPORTS.

(a) IN GENERAL- The Immigration and Nationality Act is amended by inserting after section 235 the following new section:

‘PREINSPECTION AT FOREIGN AIRPORTS

‘SEC. 235A. (a) ESTABLISHMENT OF ADDITIONAL PREINSPECTION STATIONS AT HIGH VOLUME AIRPORTS- Subject to subsection (c), not later than 2 years after the date of the enactment of this section, the Attorney General, in consultation with the Secretary of State, shall establish and maintain preinspection stations in at least 3 of the foreign airports that are among the 10 foreign airports which the Attorney General identifies as serving as last points of departure for the greatest numbers of passengers who arrive from abroad by air at ports of entry within the United States. Such preinspection stations shall be in addition to any preinspection stations established or authorized to be established prior to the date of the enactment of this section.

‘(b) ESTABLISHMENT OF ADDITIONAL PREINSPECTION STATIONS AT CERTAIN FOREIGN AIRPORTS FROM WHICH UNDOCUMENTED ALIENS DEPART FOR THE UNITED STATES-

‘(1) REPORTS TO CONGRESS- Not later than November 1, 1993, and each subsequent November 1, the Attorney General shall compile and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report identifying the foreign airports which served as last points of departure for aliens who arrived by air at United States ports of entry without valid documentation during the preceding fiscal year. Such report shall indicate the number and nationality of such aliens arriving from each such foreign airport.

‘(2) ESTABLISHMENT OF ADDITIONAL PREINSPECTION STATIONS- Subject to subsection (c), not later than November 1, 1995, the Attorney General, in consultation with the Secretary of State, shall establish preinspection stations in at least 3 of the foreign airports that are among the 10 foreign airports identified in the first report submitted under paragraph (1) as serving as the last points of departure for the greatest number of aliens who arrive from abroad by air at points of entry within the United States without valid documentation. Such preinspection stations shall be in addition to any preinspection stations established or authorized to be established either under subsection (a) or prior to the date of the enactment of this section.

‘(3) ESTABLISHMENT OF CARRIER CONSULTANT PROGRAM- The Attorney General shall assign additional immigration officers to any foreign airport identified in the first report submitted under paragraph (1) which served as a point of departure for a significant number of arrivals at United States ports of entry without valid documentation, but where no preinspection station is established.

‘(c) CONDITIONS FOR ESTABLISHMENT OF PREINSPECTION- Prior to the establishment of a preinspection station the Attorney General, in consultation with the Secretary of State, shall ensure that--

‘(1) employees of the United States stationed at the preinspection station and their accompanying family members will receive appropriate protection,

‘(2) such employees and their families will not be subject to unreasonable risks to their welfare and safety,

‘(3) the country in which the preinspection station is to be established maintains practices and procedures with respect to asylum seekers and refugees in accordance with the Convention Relating to the Status of Refugees (done at Geneva, July 28, 1951) or the Protocol Relating to the Status of Refugees (done at New York, January 31, 1967), and

‘(4) the country in which the preinspection station is to be established has not been the source of a significant number of asylum seekers or refugees in the 5-year period preceding establishment of the preinspection station.’.

(b) CLERICAL AMENDMENT- The table of contents is amended by inserting after the item relating to section 235 the following new item:

‘Sec. 235A. Preinspection at foreign airports.’.

SEC. 302. EXPEDITING AIRPORT IMMIGRATION PROCESSING.

(2) INFORMATION CONTAINED IN PASSENGER MANIFEST- Section 231(a) (8 U.S.C. 1221(a)) is further amended by inserting immediately before the period at the end of the second sentence ‘, except that regulations concerning the information contained in such lists may not require information other than the full name, date of birth, passport number, and citizenship of the person transported, and information identifying the flight on which the person was transported’.

(b) INSPECTION BY IMMIGRATION OFFICERS- Section 235(a) (8 U.S.C. 1225(a)) is amended by adding after the second sentence the following: ‘Except as the Attorney General may provide, nothing in this section shall be construed as requiring a personal interview in the conduct of an examination or inspection.’.

(c) EXPEDITED PROCESS FOR THE INSPECTION OF CITIZENS-

(1) IN GENERAL- Section 235A, as inserted by section 301(a) of this Act, is amended--

(A) in the heading, by adding at the end the following: ‘; EXPEDITED PROCESS FOR THE INSPECTION OF CITIZENS’, and

(B) by adding at the end the following new subsection:

‘(d) EXPEDITED PROCESS FOR THE INSPECTION OF CITIZENS- Not later than 90 days after the date of the enactment of this section, the Attorney General shall implement an expedited process for the inspection of United States citizens upon arrival from abroad by air at ports of entry within the United States. An expedited process shall be maintained except during a national or airport specific security emergency as determined by the Attorney General.’.

(2) CLERICAL AMENDMENT- The item in the table of contents relating to section 235A, as inserted by section 301(b) of this Act, is amended to read as follows:

‘Sec. 235A. Preinspection at foreign airports; expedited process for the inspection of citizens.’.

SEC. 303. VISA WAIVER PROGRAM.

(a) PERMANENCY OF PROGRAM- Section 217 (8 U.S.C. 1187) is amended--

(1) by amending the section heading to read as follows:

‘VISA WAIVER PROGRAM FOR CERTAIN VISITORS’;

(2) in the heading of subsection (a), (a)(2), and (c) by striking ‘PILOT’ and ‘PILOT’ each place either appears and inserting ‘VISA WAIVER’ and ‘VISA WAIVER’, respectively;

(3) by striking ‘pilot’ each place it appears and inserting ‘visa waiver’;

(4) in subsection (a)(1) by striking ‘during the pilot program period (as defined in subsection (e)),’;

(5) in subsection (c)(3) by striking ‘(within the pilot program period) after the initial period’;

(6) in subsection (c) by striking paragraph (4);

(7) in subsection (e)(1)(A) by striking ‘(a)(1)(A)’ and inserting ‘(a)(1)’; and

(8) by striking subsection (f).

(b) ELIMINATION OF REQUIREMENT FOR EXECUTION OF IMMIGRATION FORMS- Section 217 is further amended--

(1) in subsection (a) by striking paragraph (3);

(2) in subsection (a) by redesignating paragraphs (4) through (7) as paragraphs (3) through (6); and

(c) EXCLUSION AND DEPORTATION OF APPLICANTS FOR ADMISSION UNDER VISA WAIVER PROGRAM- Section 217(b) (8 U.S.C. 1187(b)) is amended to read as follows:

‘(b) EXCLUSION AND DEPORTATION OF APPLICANTS FOR ADMISSION UNDER VISA WAIVER PROGRAM-

‘(1) EXCLUSION-

‘(A) An immigration officer’s determination that an applicant for admission under this section is not clearly and beyond a doubt entitled to land shall constitute a final order of exclusion and deportation, enforceable pursuant to section 237. Pending such a determination, the Attorney General may maintain such applicant in custody.

‘(B) The procedure described in section 236 shall not apply to an order issued under this paragraph.

‘(2) DEPORTATION-

‘(A) Notwithstanding any other provision of law, an alien admitted to the United States under this section who is determined, pursuant to such regulations as the Attorney General shall prescribe, to be subject to deportation shall be deported pursuant to section 243. An immigration officer’s determination under this subsection shall constitute a final order of deportation. Pending such determination, the Attorney General may maintain such alien in custody.

‘(B) The procedure described in section 242 shall not apply to an order issued under this paragraph.

‘(3) REVIEW- Notwithstanding any other provision of law or the failure of a carrier to provide the notice described in subsection (e)(1)(D), an alien who applies for admission to the United States under this section shall not be entitled--

‘(A) to review or appeal under this Act of an immigration officer’s determination as to the admissibility of the alien at the port of entry into the United States, or

‘(4) ASYLUM- The Attorney General shall establish a procedure for an alien who is applying for admission under this section or who has been admitted under this section to apply for provisional asylum under section 208.

‘(5) TREATMENT OF NATIONALS OF VISA WAIVER COUNTRIES- An alien who--

‘(A) is a national of a visa waiver program country or claims to be a national of a visa waiver country, and

‘(B) is not in possession of a valid visa, shall be considered to be an applicant for admission under this section.’.

(2) in subparagraph (C) by striking the period at the end and inserting ‘; and’; and

(3) by inserting after subparagraph (C) the following new subparagraph:

‘(D) to provide passengers applying for admission to the United States under this section with written notification that they are not entitled (i) to any appeal or review of an immigration officer’s determination of admissibility, or (ii) to contest any action for deportation.’.

(e) CLERICAL AMENDMENT- The item in the table of contents relating to section 217 is amended to read as follows:

(1) in clause (iv), by inserting ‘, including training of, and technical assistance to, commercial airline personnel on such detection’ after ‘United States’, and

(2) by adding at the end the following:

‘The Attorney General shall provide for expenditures for training and assistance described in clause (iv) in an amount, for any fiscal year, not less than 5 percent of the total of the expenses incurred that are described in the previous sentence.’.

(b) COMPLIANCE WITH DETECTION REGULATIONS- Section 212(f) (8 U.S.C. 1182(f)) is amended by adding at the end the following: ‘Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.’.

(c) EFFECTIVE DATES-

(1) The amendments made by subsection (a) shall apply to expenses incurred during or after fiscal year 1994.

(2) The Attorney General shall first issue, in proposed form, regulations referred to in the second sentence of section 212(f) of the Immigration and Nationality Act, as added by the amendment made by subsection (b), by not later than 90 days after the date of the enactment of this Act.

SEC. 305. FINES FOR UNLAWFUL BRINGING OF ALIENS INTO THE UNITED STATES.

(a) IN GENERAL- Section 273 of the Immigration and Nationality Act (8 U.S.C. 1323) is amended--

(1) in subsections (b) and (d) by striking ‘the sum of $3000’ and inserting ‘a fine of $3000’ each place it appears;

(2) in the first sentence of subsection (b) by striking ‘a sum equal’ and inserting ‘an amount equal’;

(3) in the second sentence of subsection (d) by striking ‘a sum sufficient to cover such fine’ and inserting ‘an amount sufficient to cover such fine’;

(4) by striking ‘sum’ and ‘sums’ each place either appears and inserting ‘fine’;

(5) in subsection (c) by striking ‘Such’ and inserting ‘Except as provided in subsection (e), such’; and

(6) by adding at the end the following new subsection:

‘(e) A fine under this section may be reduced, refunded, or waived under such regulations as the Attorney General shall prescribe in cases in which--

‘(1) the carrier demonstrates that it had screened all passengers on the vessel or aircraft in accordance with procedures prescribes by the Attorney General, or

‘(2) circumstances exist that the Attorney General determines would justify such reduction, refund, or waiver.’.

(b) EFFECTIVE DATE- The amendments made by this subsection shall apply with respect to aliens brought to the United States more than 60 days after the date of enactment of this Act.

TITLE IV--AUTHORIZATION OF APPROPRIATIONS FOR THE IMMIGRATION AND NATURALIZATION SERVICE

SEC. 401. AUTHORIZATION OF APPROPRIATIONS FOR I.N.S. FOR FISCAL YEARS 1994 AND 1995.

(a) IN GENERAL- There are authorized to be appropriated for the Immigration and Naturalization Service--

(1) for fiscal year 1994, $1,082,038,100, of which $413,224,900 are authorized to be appropriated for the operation of the Border Patrol and $27,434,000 are authorized to be appropriated for anti-smuggling activities; and

(2) for fiscal year 1995, $1,154,885,900, of which $454,547,000 are authorized to be appropriated for the operation of the Border Patrol and $31,277,400 are authorized to be appropriated for anti-smuggling activities.

Of the amounts authorized to be appropriated under this subsection, such sums as may be necessary are authorized to be available to provide by April 1, 1994, for not less than a 100 percent increase in the number of asylum officers over the level on September 30, 1993, with appropriate additional support staff.

(b) ACTIVITIES INCLUDED- The amounts provided pursuant to subsection (a) for a fiscal year include--

(1) funds for the purchase for police-type use of passenger motor vehicles, without regard to the general purchase price limit for the fiscal year involved, and for the hire of passenger motor vehicles;

(2) funds for the acquisition, lease, maintenance, and operation of aircraft;

(3) funds for the purchase of uniforms without regard to the general purchase price limitation for the fiscal year involved;

(4) not to exceed $50,000 to meet unforeseen emergencies of a confidential character to be expended under the direction of the Attorney General and to be accounted for solely on the certificate of the Attorney General; and

(5) not to exceed $500,000 of those sums appropriated for research and $17,188,000 of those funds appropriated for construction, which amounts shall remain available until expended.

(c) LIMITATION ON OVERTIME- None of the funds available to the Immigration and Naturalization Service under this section shall be available for administrative expenses to pay any employee overtime pay in an amount in excess of $25,000 for a fiscal year involved.